"While Kisor does not deal with Chevron deference expressly, as the Justices made clear, its commentary on Chevron principles surely is suggestive of the Court’s possible views about the application of this doctrine in future cases. That commentary is far more consonant with the probing approach the Fifth Circuit took to deference in its decision on the fiduciary rule, as distinguished from the more superficial approach taken by, e.g., the Tenth Circuit[.]"  MORE >>